Nov 5, 2008 11:26 pm US/Pacific
Gay Marriage Ban Challenged In Court
LOS ANGELES (AP) ―
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Several legal challenges to California's newly approved same-sex marriage ban are under way, asking the state's highest court to overturn the measure.
AP
Several legal challenges to California's newly approved same-sex marriage ban are under way, asking the state's highest court to overturn the measure.
Two petitions filed Wednesday ask the Supreme Court to invalidate Proposition 8 on the grounds that voters did not have the authority to make such a dramatic change in state law.
They argue that the measure revised, rather than amended the California
Constitution, and therefore first should have been submitted to the state Legislature.
One petition was filed by a coalition of civil rights groups, including the American Civil Liberties Union, on behalf of six unmarried same-sex couples; the other was filed by San Francisco City Attorney Dennis Herrera, Los Angeles City Attorney Rocky Delgadillo and Santa Clara County Counsel Anne Ravel.
The Supreme Court, which legalized gay marriage in May, refused to hear a petition making similar claims when gay rights activists tried to get Proposition 8 struck from the ballot in June.
Two married women also say they plan to sue, arguing that the amendment is unconstitutional because it violates their rights to equal protection under the law.
Andrew Pugno, attorney for the coalition of religious and social conservative groups that sponsored Proposition 8, said they planned to defend the measure, saying the legal action is "an insult to California voters and an attack on the initiative process itself."
(© 2009 The Associated Press. All Rights Reserved. This material may not be published, broadcast, rewritten, or redistributed.)
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